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What Happens After an Accident When an Insurance Company is Demanding a Police Report and One Isn’t Available?
October 30, 2020
Many, if not most minor accidents do not require a police report...
Why is a Police Report Necessary?
Reality check… Many, if not most minor accidents do not require a police report for a claim to be payable by an insurance company. An exception may be those incidents that involve a crime such as:
Outside of most incidents, if an insurance company is suggesting a police report is required, there is likely a short list of reasons why :
If a police report is not available and the insurance company is not being reasonable with that reality, what can you do? Here’s a couple of suggestions:
As a policyholder of an insurance company you have numerous means afforded to you by Agencies of the State, Insurance Statutes, prior Court Decisions and broad consumer protections to fight back.
Flip Side: As a policyholder… you have obligations as well. Be certain to:
In short… be upright, responsive and willing to work with those involved. When cooperation and honesty is your approach from the start, you should have nothing to worry about. If you have an agent, get them involved in the process. It is our job to provide guidance and be a facilitator in this process. If you don’t have strong agent representation, consider us willing to apply for that job!
Reality check… Many, if not most minor accidents do not require a police report for a claim to be payable by an insurance company. An exception may be those incidents that involve a crime such as:
- Theft
- Vandalism
Outside of most incidents, if an insurance company is suggesting a police report is required, there is likely a short list of reasons why :
- There are questions about the accuracy of the testimonies of those involved in the accident.
- The physical evidence doesn't match their statements.
- There is something else suspicious surrounding the incident.
If a police report is not available and the insurance company is not being reasonable with that reality, what can you do? Here’s a couple of suggestions:
- Press for Determination of Coverage : Ask the company for a determination of coverage. Explain in writing that you are willing to work with them including making a current police report. In the letter politely ask them to either indicate coverage is available - or - to deny the claim. If denial is their determination, request the company put that in writing.
- If an insurance company is going to deny coverage, they must provide support for their reasoning, quoting chapter and verse straight from your specific auto policy. Their reply will be the basis for your action against them - or - a reasonable explanation for your lack of coverage.
- Alert your State Insurance Department: If you reported the claim to the insurance company in a timely fashion and it has been an extended period of time to determine coverage, it may be time to take action.
- File a complaint with the State Insurance Department. Here is a link to the Insurance Departments for each state in the US. Most states provide the means to submit a complaint right online.
- Seek Legal Council: Regardless of some people’s perception, insurance companies are held to a very high standard of care to their customers. If found guilty of intentionally treating clients poorly, a “bad faith” claim against them can be brought by the offended policyholder.
- Insurance companies are well aware of the risk associated with “bad faith”. They will attempt to avoid the potential of facing the losing end of this type of claim.
- Any lawyer that works in the insurance realm will be eager to take a legitimate “bad-faith” claim.
As a policyholder of an insurance company you have numerous means afforded to you by Agencies of the State, Insurance Statutes, prior Court Decisions and broad consumer protections to fight back.
Flip Side: As a policyholder… you have obligations as well. Be certain to:
- Report your claim in a timely fashion to allow the insurance company to protect their (and your) interest.
- Always be entirely truthful throughout the claim process.
- Be responsive to questions necessary to learn the circumstances surrounding the accident.
In short… be upright, responsive and willing to work with those involved. When cooperation and honesty is your approach from the start, you should have nothing to worry about. If you have an agent, get them involved in the process. It is our job to provide guidance and be a facilitator in this process. If you don’t have strong agent representation, consider us willing to apply for that job!
This article may have been originally published at Quora.com.
To see Jeff's Quora.com profile click here.
“Am I covered if I drive someone else’s car?” Or, “Am I covered if someone else drives mine?”
Many don’t realize that the insurance industry is one of the country's most regulated business segments, especially in New York State. The New York State Department of Financial Services (NYS DFS) wields significant control over the insurance business and has a stated goal of protecting consumers.
Most property insurance companies offer Actual Cash Value or Replacement Cost settlement options. Typically, insurance companies will require that you insure the property to the settlement value you choose. If you select Actual Cash Value, the amount you may be required to insure the property for will be less than the corresponding Replacement Value.
In that spirit, the Ryan Agency is sponsoring a Stearns BBQ Dinner pickup at our office on 57 Broadway Mall in Hornell on September 12th from 3:00 PM to 4:30 PM.
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Insurance companies offer various discounts for which their policyholders may qualify.
Great Eight number Six (6) suggests taking a look at removing Comprehensive and Collision on Older Vehicles.
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Sometimes, this concept meets with resistance from policyholders. The thought of paying more in the event of a claim is off-putting to some. Even if that means I pay more for my insurance.
OK. Admittedly, this strategy doesn't benefit everyone, but it can be very beneficial for those it does. You may have unique home or auto insurance needs that prevent you from bundling with the same company. Alternatively… you might have a better rate without the bundle discount by splitting up your insurance between multiple carriers.
